A Durban High Court judge has ruled in favour of a mother that wants to emigrate to the United Kingdom with her children, despite their father’s opposition.

IOL reports that Judge Isaac Madondo ruled that the woman and her two kids would have a better life in the United Kingdom than in South Africa, even though the father and family advocate did everything they could to stop it from happening.

According to Judge Madondo, the woman, who worked as a sales rep, is unable to take care of her children in SA, while in the UK they would have free schooling, healthcare and a safer environment than in SA.

“They will have a fulfilled life. There, tertiary education will also be subsidised. And their mother will have greater employment opportunities.”

The mother has full custody of the children as she was never married to the father of the kids, yet he refused to allow them to move to England, because he felt that “she has not properly investigated all the practicalities” and didn’t actually have a job to go to.

The woman has an ancestral visa to enter the UK, where she’s previously worked for close to a decade.

“She has found it difficult, if not impossible, to find higher income earning positions in South Africa. She has basically reached her ceiling here,” the judge said.

“She lives with her parents because she cannot afford her own home. Her parents are also now emigrating. She is not receiving the full maintenance from their father and has a shortfall of R4 669 every month.”

“Her concern is providing for her children. She is battling to find a good school for them. And her parents are continuously meeting her financial shortfalls.”

Despite her favourable chances in the UK, the family advocate proposed that she leave her kids in SA, but Judge Madondo again moved in favour of the UK.

“As a single mom with two small children in South Africa, she has numerous safety concerns and anxiety in her life. If she is forced to remain, she will not be able to maintain them. She will have no support base because her parents are relocating. She is battling to afford a small two-bedroom cottage, where in England she will easily be able to afford a three-bedroom house.”

“In England there is a family support system and the children will receive good quality education,” said Madondo, ruling that they would have a better life there.